Seattle Attorneys Blog

Alternative Dispute Resolution in Family Law Cases

March 9, 2015 | by Blair Kim Moeller, PLLC

In many family law cases, the parties choose to use a dispute resolution method other than going to court. In some family law cases, parties are actually required to participate in the alternative dispute resolution process before they will be permitted access to the courts. No matter what the reason for participating in this process, there are many benefits to using the alternative dispute resolution process in family law cases.

By way of definition, alternative dispute resolution includes informal negotiations between the parties all the way to days of arbitrating before a professional arbitrator with both parties represented by counsel. Court orders sometimes require some level of alternative dispute resolution as a way of minimizing costs and resolving disputes without the use of the court system. Continue reading

Field Sobriety Tests in Washington: Taking the Walk and Turn, Heel to Toe Test

February 28, 2015 | by Blair Kim Moeller, PLLC

The Walk and Turn, Heel toe test one of the most common SFST’s administered in Washington State. A person will first listen to instructions, then walk in a straight line to show divided attention between mental tasks and physical tasks. The mental tasks include comprehension of verbal instructions, processing of information, and recall of memory. The physical tasks include balance and coordination while standing still, walking, and turning. The test is administered in two stages, the instruction phase and the walking phase. Both are required.

During the instruction phase, the officer will instruct the individual not to start walking until told to do so and to stand erect with their right foot in front of their left.

Field Sobriety Tests in Washington: What is HGN?

February 26, 2015 | by Blair Kim Moeller, PLLC

Horizontal Nystagmus is one of three common field sobriety tests currently administered by law enforcement officers across Washington State. Nystagmus is an involuntary rapid movement of the eyeball, which may he horizontal, vertical, or rotatory. An inability of the eyes to maintain visual fixation as they are turned from side to side (in other words, jerking or bouncing) is known as horizontal gaze nystagmus, or HGN. Some investigators believe alcohol intoxication increases the frequency and amplitude of HGN and causes HGN to occur at a smaller angle of deviation from the forward direction.

In administering the horizontal gaze nystagmus test, an officer will look for the three following clues in each eye: (1) lack of smooth pursuit, (2) distinct nystagmus at maximum deviation, and (3) onset of nystagmus prior to 45 degrees. Continue reading

Case Summary: State of Washington v. Michael Baity and Edward Arnestad

February 24, 2015 | by Blair Kim Moeller, PLLC

In State v. Baity, the Washington Supreme Court found the basis for HGN testing, that intoxicated people will exhibit nystagmus, to be generally accepted under Frye. Baity also addressed the admissibility of the 12-step DRE examination, of which HGN was one step, employed by police officers to detect behavior associated with certain drugs and held that it constituted novel scientific evidence. The Court also placed clear limitations on officer testimony based upon this scientific testing.

Michael Baity and Edward Arnestad were each charged in separate prosecutions for driving under the influence of alcohol or drugs (DUI). Continue reading

Temporary Child Support

February 24, 2015 | by Blair Kim Moeller, PLLC

If children are involved in a family law case, there is sometimes a need for temporary child support. Fortunately, Washington State has a procedure for obtaining temporary child support. Temporary child support is child support that the court orders to be paid by one parent to the other for the benefit of the child(ren) during the pendency of the case. The request for temporary child support can be made at the same time as other initial pleadings in a case, or can be brought later as the need arises or as the party is ready to make such a request. Continue reading

Field Sobriety Tests in Washington State

February 22, 2015 | by Blair Kim Moeller, PLLC

For decades, Washington State law enforcement agencies have administered certain physical tests to individuals suspected of intoxication. Nowadays, almost everyone who has consumed alcohol, or driven a car is aware of the Standard Field Sobriety Test’s, otherwise known as FST’s. Perhaps the most widely and best known test being, Walk and Turn, Heel-Toe test. The real question is though just how reliable are standard field sobriety tests?

3 Circumstances When You Should Speak with a Family Law Attorney

February 16, 2015 | by Blair Kim Moeller, PLLC

Sometimes people wait to consult with a family law attorney until after their case has progressed too far and there are less options for an attorney to use to help them. Obviously it is best that you speak with a family law attorney whenever you have questions about how the law might impact your family structure or family finances, but we recognize that this is not always possible. That said, there are circumstances under which you should make an extra effort to consult with a family law attorney. Here are a few circumstances under which we strongly recommend that you speak with a family law attorney if at all possible: Continue reading

How to Divide Retirement Assets

February 9, 2015 | by Blair Kim Moeller, PLLC

Retirement assets can be a substantial part of a couple’s financial portfolio. This is especially true for couple’s that have worked a long time in their careers and those nearing retirement age. In many cases, the division of these assets is necessary to effectuate a just and equitable division of the marital assets (as required by RCW 26.09.080). When we address retirement assets with our clients, many are concerned about the tax consequences of such a division. They worry that the division of the retirement asset may be treated as a withdrawal and taxed and/or penalized accordingly. The division of retirement assets may be a bit more complicated than the division of other types of assets (like bank accounts, real property, and personal property), but with an experienced family law attorney there to help you, it need not be overwhelmingly difficult.

Discovery in Family Law Cases

February 3, 2015 | by Blair Kim Moeller, PLLC

The discovery process is one of the most important parts of many Washington family law cases. The discovery process is the process by which both parties in a family law case obtain information and/or documentation from the other party or third parties. During the process many different types of information may be obtained using several different discovery methods. A family law attorney can help a client develop a discovery plan that properly fits the needs of their case.

One method of discovery is interrogatories directed to the other party. “Interrogatories” is the word we use for questions asked of one party of a dispute. The questions may be simple and the answers may provide only specific facts, or they can be more complicated and include multiple parts. In some counties there are limits on how many Interrogatories may be sent to the other party.

How to Save Money in Your Family Law Case

January 26, 2015 | by Blair Kim Moeller, PLLC

Most people that hire attorneys to represent them are concerned about how much they will be spending on their attorney and other court fees. While good representation is invaluable when so much is at stake, there are ways that you can reduce your legal costs without sacrificing having the best representation possible. Here are some ideas we have for our family law clients: Continue reading